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People want to know that if a migrant has been here a reasonable period of time, say four years, and paid their share of taxes, they can be entitled to benefits. But not before that.

Tory MP, Nigel Mills

But he added: "Granting entitlement to social assistance to EU citizens who are not required to have sufficient means of subsistence could result in relocation en masse.

"(This is) liable to create an unreasonable burden on national social security systems.

"Moreover, while persons arriving in a host member state may have personal links with other EU citizens already residing there, the link with the member state is in all likelihood limited in that initial period."

Alp Mehmet, vice-chairman of the pressure group Migration Watch, said the statement would prove to be another stumbling block in the Prime Minister's renegotiation of powers with Brussels.

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"This is a very clear indication of what the Prime Minister will be up against in trying to renegotiate the current arrangements," he said. "It does not bode well.

"This is very much going to be an uphill struggle for him. Let us hope he is able to get enough support for the changes he wants."

Ukip leader Nigel Farage said the opinion was worrying and warned that the only way to totally stop benefits tourism was to quit the EU altogether. He said: "Renegotiation is clearly hitting the rocks.

"It is outrageous that we are paying out benefits to those who haven't paid into our system. But we can only stop this sort of madness by leaving the European Union."

Tory MP Nigel Mills said: "People want to know that if a migrant has been here a reasonable period of time, say four years, and paid their share of taxes, they can be entitled to benefits. But not before that.

"The European Court of Justice doesn't appear to share this view and this is where we have to be careful in renegotiations."

Downing Street played down the Advocate General's legal opionion, insisting that it was a "step in the right direction".

A senior Downing Street source said: "At least the court is conceding the principle that migrants cannot simply turn up in Britain and expect to claim benefits.

"This is a step in the right direction, although we want to see a longer time limit."

The latest legal opinion from Mr Wathelet confirmed a similar ruling by the European Court of Justice in November 2014.

Mr Cameron saw his proposals for a return of powers to Westminster welcomed by some EU leaders but rejected by others in a 48-hour tour of European capitals last week.

German Chancellor Angela Merkel agreed there was a problem with abuse of the benefits system and said it would also be in Germany's interests to make changes.

She said a treaty change to meet British demands was possible, insisting: "Where there's a will, there's a way."

But Polish PM Ewa Kopacz expressed her "strong opposition" to the UK proposals.

She told Mr Cameron she would fight any proposal "that could lead to discrimination against Poles or other EU citizens working legally in Britain".

Clarification

On the 19 June 2015 this article was amended. Orginally the article stated the European Court of Justice had ruled that jobless migrants should be entitled to state handouts if they can prove they came to the UK to work. In fact this was advice given to the court by the EU advocate ­general Melchior Wathelet. At the time of publication the court has not ruled upon this case, however when the court is provided with an opinion from the advocate general the judges must consider it in their final ruling.